Oral Essentials' "Non-Toxic" Label for Lumineux Mouthwash Challenged by NAD
In a recent decision, the National Advertising Division (NAD) has recommended that Oral Essentials, Inc. discontinue its claim that Lumineux mouthwash products are "Certified Non-Toxic."
NAD, an independent body that reviews national advertising in all media, is responsible for ensuring advertising truth and accuracy. The organisation's decision sets consistent standards for advertising in the industry.
Oral Essentials' Lumineux mouthwash label on the front of the packaging states it is "Certified Non-Toxic," and a logo stating "MADE SAFE" appears on the back of the packaging. However, NAD found that the MADE SAFE certification did not support the "Certified Non-Toxic" claim due to unclear real-world considerations in the certification process and the certification's expiration in October 2024.
The "MADE SAFE" certification program verifies ingredient safety and non-toxicity. Oral Essentials submitted two cytotoxicity studies in support of the "Certified Non-Toxic" claim. However, NAD's recommendation is based on the need for strong evidence for non-toxic claims due to potential health and environmental risks, as well as the potential for consumers to misuse the product or take away a broader message about the product's safety that is not supported by the claim.
NAD found that the cytotoxicity studies did not support the challenged claims as such studies do not reflect the real-world effects on humans. Advertisers must avoid vague or unsupported assertions, and the burden is on the advertiser to substantiate safety claims with relevant testing specifically conducted on the product at issue, rather than relying on generalized or unrelated studies.
Transparency and disclosure are critical in advertising. NAD emphasizes truthful and clear communication in advertising, including full disclosure when material connections or incentives exist in promotional activities, ensuring consumers are not misled.
This recommendation aligns with NAD's overall mandate to ensure advertising claims are truthful, substantiated, and non-misleading. If you need authoritative NAD guidelines, consulting NAD's official publications or FTC endorsement guides and toxicology standards would be advisable.
BBB National Programs, a non-profit organization that operates more than a dozen globally recognized programs for industry self-regulation, helped provide third-party accountability and dispute resolution services in this case. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in various arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas.
Oral Essentials stated it will follow NAD's recommendations and is completing annual review of its MADE SAFE certification. The full text of NAD, NARB, and CARU decisions can be found by subscribing to the online archive.
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[1] https://www.ftc.gov/system/files/documents/public_statements/1419384/160824naddecisiononchobani.pdf [3] https://www.nadreview.org/wp-content/uploads/2021/02/NAD_Decision_in_the_Matter_of_Chobani_Ellis_Farms_L.L.C.-_Greek_Yogurt_Products-NAD_Case_Number_6339.pdf [4] https://www.nadreview.org/wp-content/uploads/2021/02/NAD_Decision_in_the_Matter_of_Chobani_Ellis_Farms_L.L.C.-Greek_Yogurt_Products-_NAD_Case_Number_6339.pdf
- In the realm of health-and-wellness products, it's crucial for brands to substantiate safety claims with relevant testing, as misleading claims can pose potential health risks and confusion for consumers, as illustrated by the NAD's decision regarding Oral Essentials' Lumineux mouthwash.
- As data privacy becomes increasingly important in various industries, organizations such as BBB National Programs continue to evolve their work and promote best practices, enhancing their impact in arenas like advertising, data privacy, and dispute resolution, ensuring truthful and clear communication to protect consumer rights.
